BRIJBALA SONI Vs. M. S RSD DEVELOPERS PVT

JUDGEMENT

(1.) This appeal has been filed by the appellants being aggrieved by the order dtd. 6/5/2023 passed by leaned 11th District Judge, Indore in RCS.No.313- A/2023 whereby the trial Court dismissed the application filed by the appellants/plaintiffs under Order 39 Rules 1 and 2 of CPC.

(2.) The brief facts of the case is that appellants/plaintiffs filed a suit for declaration and permanent injunction thereby stating that they hv become he owner of he suit property vide registered sale deed dtd. 31/3/2021 wherein the share of the plaintiffs was 62.5% and that of defendant was 37.5% but the defendant are trying to sale the property the plaintiffs were forced to file the suit in question. The plaint is Annexure-B. With the suit, the plaintiffs filed an application for temporary injunction Annexure-C for not alienating the suit property till disposal of the suit.

(3.) Respondent/defendant filed a reply to the application for grant of temporary injunction and along with the reply, respondent filed two unregistered and unstamped relinquishment deeds which were allegedly signed by plaintiff no.2 only and as per which the share of plaintiffs in the suit property was relinquished in favour of defendant. The defendant also filed consent deed as well as an unregistered agreement to sale. Copy of reply of defendant is Annexure-D.